Fonda v. Fay

This is an appeal from a summary judgment rendered under V.R.C.P. 56. It must be reversed.

The original suit sought recovery for one-half the amount paid to discharge a certain promissory note upon which the plaintiffs and defendants were jointly liable. The defendants interposed as a defense a certain contract which they claimed exonerated them under certain circumstances. The hearing called for in V.R.C.P. 56(c) was held, with oral testimony presented in lieu of affidavits by consent of the court and the parties. That hearing developed evidence of an arrangement between the parties relating…